Texas 2019 - 86th Regular

Texas House Bill HB1052 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1052
	1	+	By: Larson, Toth (Senate Sponsor - Perry) H.B. No. 1052
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 15, 2019, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the authority of the Texas Water Development Board to
6	12		use the state participation account of the water development fund
7	13		to provide financial assistance for the development of certain
8	14		facilities.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. This Act may be cited as the Texas State Water
11	17		Investment Fund Act.
12	18		SECTION 2. The heading to Section 16.131, Water Code, is
13	19		amended to read as follows:
14	20		Sec. 16.131. AUTHORIZED PROJECTS FOR STATE PARTICIPATION
15	21		ACCOUNT.
16	22		SECTION 3. Section 16.131, Water Code, is amended by
17	23		amending Subsection (a) and adding Subsection (c) to read as
18	24		follows:
19	25		(a) The board may use the state participation account of the
20	26		development fund to encourage optimum regional and interregional
21	27		development of projects including the design, acquisition, lease,
22	28		construction, reconstruction, development, or enlargement in whole
23	29		or part of:
24	30		(1) reservoirs and storm water retention basins for
25	31		water supply, flood protection, and groundwater recharge;
26	32		(2) facilities for the transmission and treatment of
27	33		water; [and]
28	34		(3) treatment works as defined by Section 17.001; and
29	35		(4) interregional water supply projects selected
30	36		under Section 16.145.
31	37		(c) Not less than 50 percent of money used from the state
32	38		participation account of the development fund in any fiscal year
33	39		must be used for interregional water projects selected under
34	40		Section 16.145.
35	41		SECTION 4. Subchapter E, Chapter 16, Water Code, is amended
36	42		by adding Sections 16.145 and 16.146 to read as follows:
37	43		Sec. 16.145. INTERREGIONAL WATER SUPPLY PROJECTS. (a) The
38	44		board shall identify, establish selection criteria for, and issue a
39	45		request for proposals for water supply projects that benefit
40	46		multiple water planning regions. Selection criteria established
41	47		under this section must prioritize projects that:
42	48		(1) maximize the use of private financial resources;
43	49		(2) combine the financial resources of multiple water
44	50		planning regions; and
45	51		(3) have a substantial economic benefit to the regions
46	52		served by:
47	53		(A) affecting a large population;
48	54		(B) creating jobs in the regions served; and
49	55		(C) meeting a high percentage of the water supply
50	56		needs of the water users served by the project.
51	57		(b) The board and the commission shall enter into a
52	58		memorandum of understanding for the expedited approval of permits
53	59		for projects selected under this section.
54	60		Sec. 16.146. AUTHORIZED PROJECTS FOR STATE PARTICIPATION
55	61		ACCOUNT II. (a) The board may use the state participation account
56	62		II created under Section 17.957 to provide financial assistance for
57	63		the development of a desalination or aquifer storage and recovery
58	64		facility, including associated intake or distribution facilities,
59	65		to meet existing or projected future water needs by acquiring such a
60	66		facility or an ownership interest in such a facility.
61	67		(b) The board may act singly or in a joint venture in
62	68		partnership with any person, including a public or private entity,
63	69		an agency or political subdivision of this state, another state or a
64	70		political subdivision of another state, the United States, or a
65	71		foreign nation, to the extent permitted by law. The board may
66	72		provide financial assistance under this section for a facility
67	73		without regard to any requirements provided by board rules
68	74		regarding the portion of the capacity of the facility that will
69	75		serve an existing need or the portion of the cost of the facility
70	76		that the applicant will finance from sources other than the state
71	77		participation account II.
72	78		(c) Section 16.135 does not apply to the use of the state
73	79		participation account II to develop a facility described by
74	80		Subsection (a) of this section by acquiring the facility or an
75	81		interest in the facility.
76	82		(d) Before the board may acquire a facility or an interest
77	83		in a facility described by Subsection (a), the board must find
78	84		affirmatively that:
79	85		(1) it is reasonable to expect that the state will
80	86		recover its investment in the facility; and
81	87		(2) the public interest will be served by the
82	88		acquisition of the facility.
83	89		(e) The board may not provide financial assistance under
84	90		this section for a facility unless the facility is included in the
85	91		state water plan.
86	92		(f) The board shall establish a point system for
87	93		prioritizing facilities for which financial assistance is sought
88	94		from the board under this section. The system must include a
89	95		standard for the board to apply in determining whether a facility
90	96		qualifies for financial assistance at the time the application for
91	97		financial assistance is filed with the board.
92	98		(g) The board may not issue more than $200 million in water
93	99		financial assistance bonds designated by the board as issued to
94	100		provide financial assistance for facilities under this section.
95	101		(h) If the board does not provide financial assistance for a
96	102		facility under this section from the state participation account II
97	103		before September 1, 2024, the board may not provide financial
98	104		assistance for any facility from that account after that date.
99	105		SECTION 5. Section 16.182, Water Code, is amended to read as
100	106		follows:
101	107		Sec. 16.182. PERMITS [PERMIT] REQUIRED. (a) Before the
102	108		board grants the application to buy, receive, or lease the
103	109		facilities, the applicant shall first secure all appropriate
104	110		permits [a permit for water use] from the commission. If the
105	111		facilities are to be leased, a [the] permit may be for a term of
106	112		years.
107	113		(b) The board may assist the applicant with securing permits
108	114		for a facility described by Section 16.146.
109	115		SECTION 6. Section 17.957, Water Code, is amended by
110	116		amending Subsections (b) and (c) and adding Subsection (c-1) to
111	117		read as follows:
112	118		(b) The state participation account is composed of:
113	119		(1) money and assets attributable to water financial
114	120		assistance bonds designated by the board as issued for projects
115	121		described in Sections [Section] 16.131 and 16.146;
116	122		(2) money from the sale, transfer, or lease of a
117	123		project described in Subdivision (1) that was acquired,
118	124		constructed, reconstructed, developed, or enlarged with money from
119	125		the state participation account;
120	126		(3) payments received under a bond enhancement
121	127		agreement with respect to water financial assistance bonds
122	128		designated by the board as issued for projects described in
123	129		Sections [Section] 16.131 and 16.146;
124	130		(4) investment income earned on money on deposit in
125	131		the state participation account;
126	132		(5) money disbursed to the fund from the state water
127	133		implementation fund for Texas as authorized by Section 15.434; and
128	134		(6) any other funds, regardless of their source, that
129	135		the board directs be deposited to the credit of the state
130	136		participation account.
131	137		(c) Money on deposit in the state participation account may
132	138		be used by the board for projects described in Sections [Section]
133	139		16.131 and 16.146 in the manner that the board determines necessary
134	140		for the administration of the fund.
135	141		(c-1) The comptroller shall establish a subaccount in the
136	142		state participation account to be known as the state participation
137	143		account II. The board may credit to the subaccount money in the
138	144		state participation account allocated by the board for the purposes
139	145		of Section 16.146. The board may transfer money from the subaccount
140	146		to the state participation account if the board determines the
141	147		money is needed for the purposes of Section 16.131.
142	148		SECTION 7. This Act takes effect September 1, 2019.
143		-	______________________________ ______________________________
144		-	President of the Senate Speaker of the House
145		-	I certify that H.B. No. 1052 was passed by the House on April
146		-	18, 2019, by the following vote: Yeas 134, Nays 0, 1 present, not
147		-	voting.
148		-	______________________________
149		-	Chief Clerk of the House
150		-	I certify that H.B. No. 1052 was passed by the Senate on May
151		-	22, 2019, by the following vote: Yeas 31, Nays 0.
152		-	______________________________
153		-	Secretary of the Senate
154		-	APPROVED: _____________________
155		-	Date
156		-	_____________________
157		-	Governor
	149	+	* * * * *